"Scott L. Silliman" is a Professor of the Practice of Law at Duke Law School, and Executive Director of Duke Law School's Center on Law, Ethics and National Security. He is also an adjunct professor of law at the University of North Carolina at Chapel Hill (UNC), and at North Carolina Central University.

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There is a great deal of ambiguity and uncertainty in what they did, and I would not predict how the courts will decide this.

Somebody in the government has enough concern about this program that they are talking to reporters. I don't think that is something the Justice Department should try to prosecute.

It's like the government is playing games. The defense could raise these issues. The government is going to have to explain why they aren't going after much stronger charges.

To have the court step in and say we want to review the president's decisions as he's acting as commander in chief, that's significant.

This was definitely a statement of protest. It is unusual because it signifies that at least one member of the court believes that the president has exceeded his legal authority.

When you are dealing with these embedded media, you have to wonder how much the U.S. government must try to control them.

For the first time, they are challenging the executive in an area where the president had complete control.

You're going to be hard pressed to find somebody who hasn't heard the name Padilla and read somewhere that he was the supposed dirty bomber. Padilla is the government's worst nightmare as far as litigation.

I think its got its problems.